Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 16.10A

Assignment of unregistered certification trade marks

             (1)  An application to the Commission for its consent to the assignment of an unregistered certification trade mark must:

                     (a)  be made by the applicant for registration of the certification trade mark; and

                     (b)  state the name, address, and address for service of the prospective assignee; and

                     (c)  state whether the prospective assignee proposes, after assignment, to apply the same rules governing use of the certification trade mark that the applicant for registration applies, or proposes to apply; and

                     (d)  if the prospective assignee does not propose to apply those rules:

                              (i)  state any variation of the rules that the prospective assignee proposes to apply after assignment; and

                             (ii)  have with it a copy of the rules incorporating the proposed variation that the prospective assignee proposes to apply after assignment.

             (2)  If the prospective assignee does not propose, after the assignment, to apply the same rules governing use of the certification trade mark as the applicant for registration of the trade mark applies, or proposes to apply, the Commission must have regard to the following matters in considering an application:

                     (a)  whether under the proposed rules the attributes a person must have to become an approved certifier are sufficient, in the opinion of the Commission, to enable a person to competently assess whether or not goods or services meet the certification requirements;

                     (b)  whether the proposed rules would not be to the detriment of the public;

                     (c)  whether the proposed rules are satisfactory, having regard to the criteria prescribed in regulation 16.6.



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